The settling of land claims by the South African Commission on restitution of land rights: Insights from the Gauteng Regional Land Claims Commission.
Mudau, Joseph
Mudau, Joseph
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Abstract
The purpose of this research was to assess the efficacy of land restitution in an attempt to draw lessons for South Africa regarding the nature of the backlog in settling land claims. The study was undertaken to explore the “problematique” concept of land restitution that impedes the rate of settling land claims by the South Africa Commission on Restitution of Land Rights. Political independence in South Africa since 1994 created a moment of opportunity for the country to embark on the land reform programme that is meant to redress the highly inequitable land ownership resulting from apartheid, However the performance of the land reform programme, particularly in the political perspective of transferring land to the marginalised group, has been very poor and as a result, the researcher chose to embark on this study in an attempt to propose an alternative model for land restitution.
The study adopted a qualitative methodology. Semi-structured interviews, which largely informed the study, permitted the researcher to obtain guided responses while at the same time allowing interviewees to volunteer as much information on the subject under discussion as possible. The study also made use of questionnaires to gather data. Both purposive and convenience sampling were used to randomly identify participants, taking into account the age, gender, occupation and other personality traits. The research philosophies that largely guided this study are a combination of both critical and interpretivist paradigms. The choice of these is influenced by the fact that the researcher adopted a qualitative methodology in an attempt to invoke the structural, historical and political aspects of land reform processes.
The study established that there is a huge backlog of land claims in the Commission. The findings illustrate that the Commission deviated from its original mandate enshrined in the Restitution of Land Rights Act (Act 22 of 1994), hence the backlog. The study concludes that there is a need for establishment of a restitution unit in the Department of Rural Development and Land Reform responsible for implementing the recommendations of the Restitution Commission. Furthermore, the study recommends that, although land reform is necessary, land reform policy cannot be standardised; rather each country needs to devise its own model of land reform.
Description
A dissertation submitted in fulfilment of the requirements for the degree of Master's in Public Affairs in the Faculty of Humanities at the Tshwane University of Technology
Date
2017-04-02
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Tshwane University of Technology
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Keywords
Land reform, Land claims, Political independence, Department of Rural Development, Restitution Commission., South Africa